1 BEFORE THE POLLUTION CONTROL BOARD

2 OF THE STATE OF ILLINOIS

4 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

5 IN THE MATTER OF: )

6 PETITION OF BEMA FILM SYSTEMS, INC.,)

7 FOR AN ADJUSTED STANDARD FROM 35 )

8 ILLINOIS ADMINISTRATIVE CODE )AS0011

9 SECTIONS 218.401(a), (b) and (c), )Adjusted

10 THE FLEXOGRAPHIC PRINTING RULE )Standard

13 The following is a transcript of

14 proceedings from the hearing held in the

15 above-entitled matter, taken stenographically by

16 ROSEMARIE LAMANTIA, CSR, a notary public within

17 and for the County of Cook and State of

18 Illinois, before JOHN C. KNITTLE, Hearing

19 Officer, at 209 North York Street, Elmhurst,

20 Illinois, on the 13th day of November 2000,

21 A.D., scheduled to commence at the hour of 1:00

22 p.m.

L.A. REPORTING, 312-419-9292

1 A P P E A R A N C E S:

2 HEARING TAKEN BEFORE:

3 ILLINOIS POLLUTION CONTROL BOARD,

209 North York Street

4 Elmhurst, Illinois 60126

BY: JOHN C. KNITTLE, HEARING OFFICER

7 MEMBERS OF THE ILLINOIS ENVIRONMENTAL PROTECTION

8 AGENCY AS WELL AS OTHER INTERESTED ENTITIES AND

9 AUDIENCE MEMBERS WERE PRESENT AT THE HEARING,

10 BUT NOT LISTED ON THIS APPEARANCE PAGE.

L.A. REPORTING, 312-419-9292

1 INDEX

2 GLEN GALLOWAY

3 Direct Examination by Ms. Horn. 16

4 FURLON CLEMONS

5 Direct Examination by Ms. Horn. 20

6 RICHARD TRZUPEK

7 Direct Examination by Ms. Horn. 26, 52

8 Cross-Examination by Ms. Sawyer. 48, 53

10 GLEN GALLOWAY

11 Direct Examination by Ms. Sawyer. 58

12 Cross-Examination by Ms. Horn. 60

L.A. REPORTING, 312-419-9292

1 HEARING OFFICER KNITTLE: We're on the

2 record.

3 My name is John Knittle. I'm Chief

4 Hearing Officer with the Illinois Pollution

5 Control Board. I am also the assigned hearing

6 officer for this matter, Pollution Control Board

7 Docket Number Adjusted Standard 2000-11 in the

8 matter of the petition of BEMA Film Systems,

9 Incorporated, for an adjusted standard from 35

10 Illinois Administrative Code Sections

11 218.401(a), (b) and (c) and we have in paren the

12 Flexograph Printing Rule.

13 Today's date is November 13. It's

14 approximately 1:18 p.m. We're getting started a

15 little bit late.

16 I want to note for the record that we

17 have from the Illinois Pollution Control Board

18 Brad Halloran here today, who is a Hearing

19 Officer with the Pollution Control Board. We

20 have no other members of the board here at this

21 time. I also want to note for the record that

22 we have no members of the public present today,

23 is that correct? I see nobody raising their

24 hands. Everybody here is at least peripherally

L.A. REPORTING, 312-419-9292

1 affiliated with one of the parties here today.

2 I'm going to be running this hearing

3 in accordance with Section 106.806, which is

4 entitled order of hearing. It's in the Board's

5 Sub-part G, general adjusted standard

6 provisions. This is involving air but I take it

7 we're going to work on the assumption this is

8 not an air adjusted standard as defined by

9 106.501, which we talked about preliminary to

10 this hearing, which is an adjusted standard

11 brought pursuant to Illinois 5 Administrative

12 Code 212.126.

13 Ms. Horn, do you have any objection to

14 running the hearing that way?

15 MS. HORN: That's fine.

16 HEARING OFFICER KNITTLE: Ms. Sawyer?

17 MS. SAWYER: No objection.

18 HEARING OFFICER KNITTLE: We're going

19 to run it then, 106.806, which, to the best of

20 my knowledge, is the appropriate way we ought to

21 be running it anyway, just wanted to get it

22 down.

23 You all know this but I'm going to say

24 it anyway. I'm not going to be making the

L.A. REPORTING, 312-419-9292

1 ultimate decision on this matter. The ultimate

2 decision on this matter will be made by the

3 Illinois Pollution Control Board, which is a

4 board in the State of Illinois comprised of

5 seven members throughout the state chosen for

6 their expertise in environmental matters. My

7 job, among other things, is to rule on the

8 evidence and insure that we have an orderly and

9 hopefully productive hearing here today.

10 That being said, I'm going to want the

11 parties to identify themselves starting with the

12 Petitioner and then we'll get going on opening

13 statements.

14 MS. HORN: My name is Susan Horn. I

15 am an attorney with Johnson & Bell of Chicago.

16 I represent BEMA Film Systems, Inc.

17 HEARING OFFICER KNITTLE: Ms. Sawyer.

18 MS. SAWYER: My name is Bonnie Sawyer.

19 I represent the Illinois Environmental

20 Protection Agency.

21 HEARING OFFICER KNITTLE: Thank you.

22 Are there any preliminary matters

23 before we start with the hearing proper? Ms.

24 Horn?

L.A. REPORTING, 312-419-9292

1 MS. HORN: You want me to identify --

2 HEARING OFFICER KNITTLE: Yes, please,

3 that would be helpful.

4 MS. HORN: We have Mr. Glen Galloway,

5 who is the president of BEMA. To his right is

6 Furlon Clemons, who is the plant manager of

7 BEMA. To my right is Rich Trzupek, who is an

8 environmental consultant with Huff & Huff.

9 HEARING OFFICER KNITTLE: Ms. Sawyer,

10 next to you.

11 MS. SAWYER: With me today is David

12 Bloomberg, he is an environmental engineer with

13 our agency. And he is here essentially to

14 provide technical assistance to me, is not

15 actually providing testimony.

16 HEARING OFFICER KNITTLE: Okay. Thank

17 you.

18 Ms. Horn, you can start with your

19 opening statement.

20 MS. HORN: Thank you.

21 BEMA Film Systems, Inc., is seeking an

22 adjusted standard from 35 Illinois

23 Administrative Code, Subpart H, Sections

24 218.401(a), (b) and (c), which is known as the

L.A. REPORTING, 312-419-9292

1 Flexographic Printing Rule, as it applies to the

2 emissions of volatile organic material or VOM

3 from its two central impression Flexographic

4 Printing presses.

5 The evidence will show that BEMA

6 operates these Flexographic Printing presses to

7 print images using ink on a high slip

8 polyethylene film, which is then converted into

9 a package for food and other consumer goods.

10 The evidence will show that BEMA has

11 been working with the Illinois Environmental

12 Protection Agency to discuss difficulties with

13 the Flexographic Printing Rule.

14 On May 17, 1999, BEMA filed a petition

15 seeking variance from the rule. Following

16 subsequent negotiations with the IEPA, BEMA

17 realized that the proposed relief that it was

18 seeking was better applied as an adjusted

19 standard, therefore, BEMA dismissed its petition

20 for variance and filed the present petition for

21 an adjusted standard.

22 The specific regulation from which

23 BEMA seeks an adjusted standard requires the

24 Flexographic printers to use inks that contain

L.A. REPORTING, 312-419-9292

1 either: (1) no more than 40% VOM (excluding

2 water) by volume or (2) no more than 25% VOM by

3 volume of the volatile content of the ink. If a

4 source cannot use water-based inks, then the

5 source must design and apply an approved control

6 device. If a source chooses to comply with the

7 Flexographic Printing Rule by equipping the

8 Flexographic Printing press with an add-on

9 control, then that control device must reduce

10 the captured VOM emissions by at least 90% by

11 weight (for approved carbon adsorption or

12 incinerator systems) or achieve an overall

13 reduction of 60% in VOM emissions by

14 "alternative" control systems that have been

15 approved by the IEPA and the U.S. EPA.

16 As the evidence will show the

17 regulation from which BEMA requires an adjusted

18 standard applies to sources with a potential to

19 emit 25 tons per year or more of VOM. The

20 initial RACT regulations applied to major

21 sources with actual VOM emissions in excess of

22 100 ton per year. In response to the adoption

23 of the Federal Implementation Plan, the Board

24 amended the RACT rules to require that all

L.A. REPORTING, 312-419-9292

1 Chicago area sources with maximum theoretical

2 emissions of at least 100 tons per year

3 implement RACT. Pursuant to Section 182(d) of

4 the Clean Air Act, individual states within

5 severe ozone nonattainment areas are required to

6 include all sources with the potential to emit

7 at least 25 tons per year as major sources, and

8 those states must also adopt RACT regulations

9 applicable to those sources. Therefore, the

10 Illinois Pollution Control Board established the

11 requirements in the Flexographic Printing Rule.

12 The evidence will show that BEMA is

13 located in Elmhurst, Illinois, in DuPage County,

14 which is part of the Chicago area designated as

15 a severe ozone nonattainment area. Therefore,

16 it is subject to the requirements of the

17 Flexographic Printing Rule.

18 The regulation of general

19 applicability from which BEMA seeks an adjusted

20 standard does not specify a level of

21 justification for an adjusted standard.

22 Therefore, the requirements in Section 28.1 of

23 the Illinois EPA, 35 ILCS 5/28.1, apply.

24 Section 28.1 of the Act states that the Board

L.A. REPORTING, 312-419-9292

1 may grant individual adjusted standards upon

2 proof that: (1) the factors relating to the

3 Petitioner are substantially and significantly

4 different; (2) the existence of those factors

5 justifies an adjusted standard; (3) the

6 requested standard will not result in adverse

7 environmental or health effects; and (4) the

8 proposed adjusted standard is consistent with

9 federal law.

10 As the evidence will show, these four

11 factors in Section 28.1 of the Act have been met

12 because BEMA cannot use water-based inks for its

13 products and because the approved control

14 technologies will work only at unreasonable

15 costs. Therefore, an adjusted standard is

16 necessary for BEMA.

17 HEARING OFFICER KNITTLE: Thank you,

18 Ms. Horn.

19 Ms. Sawyer, do you have an opening

20 statement?

21 MS. SAWYER: Yes, I have a brief

22 opening statement.

23 Good afternoon. My name is Bonnie

24 Sawyer. I'm representing the Illinois EPA in

L.A. REPORTING, 312-419-9292

1 this matter.

2 Our agency has reviewed the petition

3 submitted by BEMA and we have filed a response

4 with the Pollution Control Board.

5 In our response, we have recommended

6 that the Board grant an adjusted standard for

7 BEMA subject to certain conditions.

8 In addition to that, we've also worked

9 with these facilities over the last several

10 years and we are fairly familiar with

11 difficulties these facilities have applying

12 compliant inks. We've also conducted an

13 independent investigation to try to find viable

14 means for these facilities to comply and we have

15 not discovered anything as of yet, but we'll

16 continue our search.

17 The conditions that we're recommending

18 the Board impose, 1, relates to the record

19 keeping requirements that would be required

20 under the adjusted standard. The petition filed

21 by BEMA had requested that record keeping be

22 done as a monthly average. We are recommending

23 that the Board not grant the adjusted standard

24 allowing for a monthly average record keeping

L.A. REPORTING, 312-419-9292

1 but require daily record keeping similar to the

2 record keeping that is required under the rule

3 of general applicability for Flexographic

4 Printing operations.

5 The second condition is if this

6 facility becomes subject to the emissions

7 reduction market system, we are recommending

8 that a special provision be imposed in the

9 adjusted standard that would establish how the

10 baseline for the facility would be calculated

11 and that the baseline would be lower than the

12 emissions level allowed under the adjusted

13 standard, we think that this is important,

14 because that would allow for the -- at least

15 seasonal, meaning May through September,

16 emissions from this facility to be minimized

17 through the emission reduction market system.

18 Third, I wouldn't say exactly a

19 condition, but an area where we are requesting

20 that the Board do something a little different

21 than was originally requested by the Petitioner,

22 they had requested an annual limitation on VOM

23 emissions of 100 tons per year. First of all,

24 we note that their permit currently requires

L.A. REPORTING, 312-419-9292

1 them to meet a lower limitation than that and

2 what we are recommending to the Board is that

3 this adjusted standard not include any annual

4 limitation on emissions and the permit will

5 continue to impose the appropriate limitation on

6 annual emissions.

7 We also have included within our

8 response 12 other conditions that we think

9 should be part of any adjusted standard granted

10 by the Board.

11 As I stated earlier, we are not

12 intending to present testimony today, and the

13 reason for that is that it is our understanding

14 that the Petitioner is agreeing to all of the

15 conditions that we have recommended to the

16 Board. And it's our hope that we will get some

17 clarification on the record that Petitioner is,

18 in fact, agreeing to the conditions that we have

19 recommended in our response.

20 That is all I have.

21 HEARING OFFICER KNITTLE: Okay. And

22 Ms. Horn, you can address that if you want in

23 closing arguments or do you want to address it

24 now?

L.A. REPORTING, 312-419-9292

1 MS. HORN: I'll address it now. For

2 the record, yes, we are agreeing to the

3 conditions.

4 HEARING OFFICER KNITTLE: The 12

5 conditions plus the 3 outlined at the beginning?

6 MS. HORN: I think they're all in the

7 agency's --

8 MS. SAWYER: They are part of the 12

9 conditions. I just kind of highlighted 3 of

10 them.

11 HEARING OFFICER KNITTLE: My mistake.

12 Okay. And Ms. Horn, you did say you were going

13 to agree with those?

14 MS. HORN: Yes.

15 HEARING OFFICER KNITTLE: Well, let's

16 proceed then with Petitioner's case in chief.

17 Ms. Horn, do you want to call your first

18 witness?

19 MS. HORN: We'd like to call Glen

20 Galloway.

21 HEARING OFFICER KNITTLE: Swear the

22 witness in, please.

L.A. REPORTING, 312-419-9292

1 (Witness sworn.)

2 GLEN GALLOWAY,

3 called as the witness herein, having been first

4 duly sworn, was examined and testified as

5 follows:

6 DIRECT EXAMINATION

7 BY MS. HORN:

8 Q. Please state your name for the record.

9 A. Glen Galloway.

10 Q. Where do you live?

11 A. 85 Charlemagne Circle in Roselle.

12 Q. Where are you employed?

13 A. BEMA Film Systems.

14 Q. What is your position at BEMA?

15 A. I am the president and owner of BEMA

16 Film Systems.

17 Q. What are your duties as president and

18 owner?

19 A. Basically to cover the daily

20 operations, financially, production-wise, as

21 well as any other things associated with the

22 company itself.

23 Q. Mr. Galloway, where is BEMA located?

24 A. 744 North Oak Lawn Avenue in Elmhurst.

L.A. REPORTING, 312-419-9292

1 Q. How many employees does BEMA have?

2 A. Thirty employees.

3 Q. Does BEMA use any type of printing

4 presses in its operation?

5 A. Yes.

6 Q. How many?

7 A. Two.

8 Q. What types of presses are they?

9 A. They're central impression

10 Flexographic Presses.

11 Q. For what are they used?

12 A. For printing on high slip polyethylene

13 film.

14 Q. Is BEMA a large printer in the

15 Flexographic Printing industry?

16 A. No, we're not.

17 Q. What would you term BEMA?

18 A. BEMA is more geared towards the job

19 shop type of facility.

20 Q. What does job shop mean?

21 A. Job shop basically means we run very

22 small jobs, continuously changing the press,

23 continually changing over jobs on a regular

24 basis.

L.A. REPORTING, 312-419-9292

1 Q. How many jobs does BEMA complete in

2 its typical day?

3 A. It varies, but typically four, five

4 jobs, maybe up to ten jobs in a specific day.

5 Q. What would be the longest job and the

6 shortest job?

7 A. The shortest job would be in our

8 presses for about an hour and the longest job

9 might take a full day.

10 Q. Do you have any jobs that go more than

11 one day?

12 A. On rare occasions, yes, we do.

13 Q. For what type of products does BEMA

14 produce packaging?

15 A. Our packages range from the food

16 packaging industry, hardware packaging industry,

17 some of our mail industry. We do a lot of

18 packaging for mailers and other commercial type

19 products.

20 Q. Have you participated in the

21 proceedings leading up to this adjusted

22 standards hearing?

23 A. Yes, I have.

24 Q. Since when, what date?

L.A. REPORTING, 312-419-9292

1 A. Since purchasing the company August

2 31st of last year, 1999.

3 Q. And how have you participated in these

4 hearings or these proceedings?

5 A. Well, I've visited the Illinois EPA

6 down south and I've consulted with Mike

7 Cisileana, who is our consultant for this

8 particular -- these hearings.

9 Q. From whom did you buy BEMA?

10 A. A gentleman by the name of Sam Shaw.

11 Q. Is it your understanding that Mr. Shaw

12 was involved in the proceedings prior to selling

13 the business?

14 A. It's my understanding that Sam was one

15 of the instrumental people and one of the first

16 people to start this process back in 1994.

17 Q. Do you know at all what he did?

18 A. Again, it's my understanding that Sam

19 was one of the investigators to work with the

20 Illinois EPA and to help train and educate

21 people on our process and our facility as well

22 as other processes associated with printing

23 polyethylene film.

24 Q. Did BEMA host any gatherings or

L.A. REPORTING, 312-419-9292

1 consult with other printing press printers?

2 A. It's my understanding that Sam did

3 host lunches and training sessions and

4 educational sessions associated with printing,

5 again on polyethylene film.

6 MS. HORN: Thank you, Mr. Galloway. I

7 have no further questions.

8 HEARING OFFICER KNITTLE: Ms. Sawyer,

9 do you have cross-examination for this witness?

10 MS. SAWYER: No.

11 HEARING OFFICER KNITTLE: Thank you,

12 sir, you can step down.

13 MS. HORN: At this time I'd like to

14 call Furlon Clemons.

15 HEARING OFFICER KNITTLE: Sir, if

16 you'd have the seat in the same place.

17 (Witness sworn.)

18 FURLON CLEMONS,

19 called as the witness herein, having been first

20 duly sworn, was examined and testified as

21 follows:

22 DIRECT EXAMINATION

23 BY MS. HORN:

24 Q. State your name for the record.

L.A. REPORTING, 312-419-9292

1 A. Furlon Clemons.

2 Q. Where do you live?

3 A. 1820 Concordia Lane, Schaumburg,

4 Illinois.

5 Q. Where are you currently employed?

6 A. BEMA Film Systems.

7 Q. What is your position at BEMA?

8 A. General manager.

9 Q. What are your job duties as general

10 manager?

11 A. Supervision of printing, oversight of

12 bag making, supervision of QA.

13 Q. What brand are BEMA's products?

14 A. PCMC, Hudson Sharp.

15 Q. How old are they?

16 A. Approximately 30, 35 years.

17 Q. How do they work?

18 A. They're a six color Flexographic

19 printer, print one color out of each deck, in

20 between dryer and one, forced air drying for the

21 next color and then on offset.

22 Q. How fast do they work?

23 A. Approximately 250 to 400 feet per

24 minute.

L.A. REPORTING, 312-419-9292

1 Q. So how many seconds per drying

2 station?

3 A. Per drying station, less than a

4 second.

5 Q. How do the drying stations work?

6 A. It's forced hot air.

7 Q. And the hot air does what?

8 A. It's blown through a dryer system and

9 it's evac'd at the same time that actually dries

10 the alcohol content out of itself.

11 Q. On what type of film does BEMA print?

12 A. Low density polyethylene.

13 Q. What does that mean?

14 A. It's a flexible plastic material.

15 Q. Please explain the type of ink that

16 BEMA uses.

17 A. Solvent ink made up of -- well, there

18 is three different types of systems on it. It's

19 a pigment. There is a solvent added to it and

20 then there is a solid that is also in the ink.

21 Q. Please explain the difference between

22 virgin ink and recycled ink.

23 A. Virgin ink is ink that we receive from

24 the ink company that we do not open. Recycled

L.A. REPORTING, 312-419-9292

1 ink is inks that have been in the press and

2 we've already added alcohol to them.

3 Q. If you had to guess sitting here

4 today, how many containers of virgin ink and

5 recycled ink does BEMA have in its ink room?

6 A. Probably virgin ink we may have about

7 20 to 25. Recycled ink, probably have 200, 250.

8 Q. Do the solvents in the inks contain

9 VOM?

10 A. Yes, they do.

11 Q. Why is additional solvent often added

12 to the ink?

13 A. To be able to obtain the color that

14 the customer requires.

15 Q. Additional solvent, does it have

16 anything to do with the speed of the job?

17 A. Yes, it does.

18 Q. And how does it?

19 A. If we did not add the solvent in

20 there, we'll not be able to dry the ink fast

21 enough to print the next color without having

22 offset.

23 Q. When did you begin working at BEMA?

24 A. August of 2,000.

L.A. REPORTING, 312-419-9292

1 Q. Where did you work prior to August of

2 2000?

3 A. Hormel Industries.

4 Q. What were your job duties at Hormel?

5 A. Production manager.

6 Q. Did you participate in any water-based

7 ink trials while at Hormel?

8 A. Yes.

9 Q. Can you explain what you did?

10 A. We set the press up from the

11 beginning. We attempted to print them but we

12 were very unsuccessful in doing it.

13 Q. Approximately how many trials -- did

14 you supervise them or --

15 A. I actually did set up the press myself

16 in many of the trials. A few of them I did

17 supervise them.

18 Q. And you said that they were not

19 successful?

20 A. No, ma'am.

21 Q. Could you tell me why?

22 A. We had offsetting of the inks. We had

23 pick off of the inks. We could not actually

24 print the ink on the material. It picked off

L.A. REPORTING, 312-419-9292

1 the tape. We could scuff it off. It would not

2 adhere to the material in any form.

3 Q. Did the water-based ink effect the

4 cleanup time of the press?

5 A. Yes, ma'am. Sometimes it made it 3 to

6 4 times longer and a lot harder to clean up than

7 a solvent-based ink is.

8 Q. Is water-based ink more or less

9 expensive to dispose of?

10 A. More expensive because there is no

11 BTUs in the water system as opposed to the

12 solvents, you can burn the solvent system off

13 and use it as image.

14 MS. HORN: Thank you, Mr. Clemons. I

15 have no further questions.

16 HEARING OFFICER KNITTLE: Ms. Sawyer?

17 MS. SAWYER: We may have a couple of

18 questions. Can we take a moment?

19 (Off the record.)

20 MS. SAWYER: No questions.

21 HEARING OFFICER KNITTLE: Sir, you can

22 step down. Thank you.

23 Ms. Horn, we're moving right along.

24 MS. HORN: As our last witness, I'd

L.A. REPORTING, 312-419-9292

1 like to call Rich Trzupek.

2 (Witness sworn.)

3 RICHARD TRZUPEK,

4 called as the witness herein, having been first

5 duly sworn, was examined and testified as

6 follows:

7 DIRECT EXAMINATION

8 BY MS. HORN:

9 Q. State your name for the record.

10 A. It's Richard Trzupek.

11 Q. Spell your last name.

12 A. T-R-Z-U-P-E-K.

13 Q. Where do you live?

14 A. I live in Streamwood, Illinois.

15 Q. What is your occupation?

16 A. I'm an environmental consultant.

17 Q. Where do you currently work?

18 A. I work at Huff & Huff, Incorporated,

19 of LaGrange, Illinois.

20 Q. Please describe your educational

21 background?

22 A. I have a bachelor's degree in

23 chemistry from Loyola University of Chicago.

24 Q. Do you have any training or experience

L.A. REPORTING, 312-419-9292

1 in air regulations specifically with regard to

2 the printing industry?

3 A. I do. I've been working in the

4 printing industry with regard to air regulations

5 for the last 18 years.

6 Q. Are you familiar with BEMA's printing

7 operations?

8 A. I am.

9 Q. How long have you worked with BEMA?

10 A. I've worked with BEMA since 1997.

11 Q. Please describe your involvement with

12 these adjusted standards.

13 A. I have been consulting for BEMA

14 regarding the regulations and how they can

15 comply with the regulations or what a reasonable

16 adjusted standard would be in the event they

17 could not comply with the regulations.

18 Q. In that capacity were you involved

19 with the negotiations and the analysis and

20 calculations that form the basis for BEMA's

21 petition for an adjusted standard?

22 A. I was.

23 Q. Please describe how.

24 A. I participated with the agency, legal

L.A. REPORTING, 312-419-9292

1 and technical personnel, in evaluating the cost

2 of compliance should they use add-on controls

3 and the availability and efficiency of

4 water-based inks.

5 Q. Please briefly describe the

6 Flexographic Rule.

7 A. The Flexographic Rule presents three

8 basic control options.

9 One is the use of water-based inks

10 that meet certain VOM standard -- VOM

11 percentage.

12 Two is the use of add-on control that

13 need a certain control requirement.

14 And the third is the use of a mixture

15 of compliant and noncompliant inks that on a

16 daily basis meet a certain average VOM content.

17 Q. Why does the rule apply to BEMA?

18 A. The rule applies to BEMA because they

19 are a Flexographic Printer with potential to

20 emit greater than 25 tons per year of VOM.

21 Q. Is BEMA located in a nonattainment

22 area?

23 A. It is.

24 Q. Please explain what that is and why is

L.A. REPORTING, 312-419-9292

1 it important.

2 A. Nonattainment area is designated in

3 this case as not attaining the national ambient

4 air quality standard for ozone, which requires

5 higher level of control for VOM than NOX. In

6 the case of the Chicago nonattainment area for

7 ozone, NOX is exempted by virtue of waiver under

8 Section 182F of the Clean Air Act but the higher

9 level of control required for VOM remains and

10 that is what prompts the promulgation of the

11 Flexographic Rule.

12 Q. Please explain the three types of

13 printing and how they differ, surface, reverse

14 and lamination.

15 A. Thank you.

16 Surface printing is printing meant to

17 go on the outside surface of a package subject

18 to whatever environment the outside surface of

19 the package would be subject to.

20 Reverse printing goes on the inside

21 surface of the package, the inside.

22 Lamination printing is printing which

23 the image is centrally sandwiched between two

24 layers of plastic film, in essence protected on

L.A. REPORTING, 312-419-9292

1 both sides.

2 Q. What type of printing does BEMA do?

3 A. BEMA is primarily engaged in surface

4 printing.

5 Q. And how does the Flexographic Printing

6 Rule then effect BEMA? What are their two

7 choices?

8 A. BEMA's two choices are to use

9 compliant inks or to use add-on control.

10 Q. Could you explain the difference

11 between printing using solvent-based inks and

12 water-based inks?

13 A. Specifically in the case of plastic

14 films, solvent inks flash off more quickly at

15 the drying stations we described. And that

16 quick flashing off is important in order to set

17 the image and leave a protective film on the

18 image as you progress very quickly through each

19 printing station.

20 Water-based ink works through a

21 chemical action so rather than just the

22 evaporation of the water setting the image there

23 is a catalytic action where the chemistry of the

24 ink itself links, cross-links to set the image.

L.A. REPORTING, 312-419-9292

1 It is by it's nature a longer process and a more

2 brittle process and very difficult to

3 effectively set in ink using water-based ink on

4 film. That is the major problem that we have

5 seen and the printers have seen and most people

6 have seen in attempting to print with

7 water-based inks on any type of plastic

8 substrate.

9 Q. The inks -- do the inks come from the

10 manufactures with solvent in them?

11 A. They do.

12 Q. Do you know approximately what

13 percentage they are from the manufacturer?

14 A. It varies depending on the ink. It

15 can run anywhere from 50 percent to 70 percent

16 typically.

17 Q. Mr. Clemons testified that they add

18 solvents to those inks to complete their jobs.

19 Do you know about what percentage VOM those inks

20 are when they're finished?

21 A. They will blend to a finished VOM

22 content of anywhere from 60 to 80 percent,

23 depending on the specifics of the job, the

24 humidity, and that, again, just gives you an

L.A. REPORTING, 312-419-9292

1 average range. It can vary outside of that

2 range as well.

3 Q. Did you hear Mr. Clemons' testimony

4 regarding the problems associated with

5 water-based inks he has had in his experience?

6 A. Yes, I did.

7 Q. Based on your experience, do you agree

8 with his conclusions?

9 A. Yes, I do.

10 Q. Are you familiar with BEMA's current

11 state permit limiting its air emissions?

12 A. Yes.

13 Q. Do you know what the current permit

14 limit is?

15 A. The current permit limits it to the

16 language of the Flexographic Rule, and as I

17 recall, 77 tons of annual emissions.

18 Q. That's correct.

19 Do you know approximately what BEMA's

20 emissions were last year?

21 A. I believe BEMA's emissions last year

22 were approximately 18 tons.

23 Q. What are the three add-on control

24 options available to BEMA?

L.A. REPORTING, 312-419-9292

1 A. There is some form of oxidation,

2 either regenerative or recuperative oxidation.

3 There is carbon absorption and there is some

4 form of a scrubber or gas absorption.

5 Q. Could you explain each type and

6 whether they would not or could or would not be

7 appropriate to BEMA.

8 A. Gas absorption or scrubber utilizes

9 some type of water-based spray to absorb the

10 gas, the VOM content as they pass through the

11 control device, and then hopefully you later

12 recover the VOM from the water that is -- as

13 it's recycled. We deem this would not -- it

14 would be a possible control option but it would

15 not -- we do not feel it would meet the

16 requirements of the rule because the volatility

17 of solvents that BEMA uses are so great that

18 they would not effectively remain absorbed in

19 the water.

20 Carbon absorption utilizes a carbon

21 bed, which the gas -- the exhaust gas from the

22 process is passed through, the VOM

23 preferentially absorbs on the carbon and then is

24 later desorbed through the use of steam. The

L.A. REPORTING, 312-419-9292

1 steam recondenses the water. The VOM is

2 recovered from the water. Again, we deem this

3 one entirely technically infeasible because the

4 absorption rate of alcohol that BEMA uses on

5 carbon is very low and the carbon -- the alcohol

6 that would be absorbed would be very difficult

7 to keep in the water as it was with the

8 scrubber. Oxidation, which is thermally or

9 catalytically destroying the VOM through high

10 temperature catalytic action, we did deem to be

11 technically feasible.

12 Q. Did you do any analysis of the cost of

13 either of those three?

14 A. We did.

15 Q. Could you explain what your

16 conclusions were?

17 A. Looking at the cost of the effectively

18 feasible options, and I am sorry, I must amend

19 to say that catalytic oxidation option we deem

20 as technically infeasible because of the

21 possibility of contamination to catalyst with

22 the various inks and additives that BEMA uses.

23 So of the remaining technically

24 feasible options, the ones that we felt could

L.A. REPORTING, 312-419-9292

1 actually be treated, controlled, required

2 recuperative and regenerative thermal oxidizers,

3 the least expensive of these was a regenerative

4 thermal oxidizer, which we agreed to a control

5 cost of $15,233 per ton -- strike that, $15,223

6 per ton, using United States EPA cost control

7 evaluation methodology.

8 Q. In your opinion would this cost

9 control be reasonable?

10 MS. SAWYER: I don't think we should

11 really be asking that question. Object to that.

12 I mean, that is the ultimate decision of this

13 matter, whether it is reasonable or not.

14 HEARING OFFICER KNITTLE: Ms. Horn.

15 MS. HORN: That's fine.

16 HEARING OFFICER KNITTLE: You withdraw

17 that question?

18 MS. HORN: Withdraw.

19 BY MS. HORN:

20 Q. In your opinion is the adjusted

21 standard necessary?

22 A. In my opinion an adjusted standard is

23 necessary for BEMA.

24 Q. What are the basic terms of the

L.A. REPORTING, 312-419-9292

1 adjusted standard that the IEPA and BEMA are

2 proposing?

3 A. It agrees to a VOM limit in the inks,

4 the as applied inks that BEMA would use at 82

5 percent as applied.

6 Q. Does the proposed adjusted standard

7 exceed the annual emissions limit for BEMA?

8 A. The proposed adjusted standard does

9 not contain an annual adjustment -- annual

10 emission limit data.

11 Q. And why is that?

12 A. One is already contained within BEMA's

13 current operating plan.

14 Q. Does the Flexographic Printing Rule

15 require daily record keeping or monthly record

16 keeping?

17 A. If daily weighted average is being

18 used for compliance, it requires daily record

19 keeping.

20 Q. And why is daily record keeping --

21 A. Because the ozone standard, which the

22 rule is meant to achieve compliance with, is a

23 daily standard.

24 Q. In your opinion will this daily record

L.A. REPORTING, 312-419-9292

1 keeping requirement be difficult for BEMA?

2 A. In my opinion it will be difficult for

3 BEMA.

4 Q. At this time I'd like to show --

5 actually it's already in the VCR, Mr. Trzupek,

6 what is marked for identification as

7 Petitioner's Exhibit 1. It is the videotape

8 that is actually ready to roll.

9 HEARING OFFICER KNITTLE: Okay. And,

10 Ms. Sawyer, you stated earlier you have no

11 objection to this videotape, is that correct?

12 MS. SAWYER: That's correct.

13 HEARING OFFICER KNITTLE: Just before

14 we start the showing of, we haven't admitted it

15 yet but we'll go over that, at the time being,

16 but as long as we can show it, you don't have an

17 objection to that?

18 MS. SAWYER: I have no objection.

19 HEARING OFFICER KNITTLE: Do you need

20 the lights out?

21 MS. HORN: No.

22 Could I just let the record reflect

23 that I've previously provided Ms. Sawyer and Mr.

24 Bloomberg a copy of this exhibit.

L.A. REPORTING, 312-419-9292

1 HEARING OFFICER KNITTLE: The record

2 will so note.

3 Sir, if you want to stand up and do

4 your thing, now is the time.

5 (Off the record.)

6 HEARING OFFICER KNITTLE: You just

7 want to note -- back on, sir, if you want to

8 start the videotape, please.

9 BY MS. HORN:

10 Q. Do you know what this is?

11 A. This is a video of operations at BEMA

12 Film Systems.

13 Q. Were you present when the video was

14 made?

15 A. I was.

16 Q. Did you act as the narrator on the

17 video?

18 A. I acted in that capacity, yes.

19 Q. What does the video show?

20 A. The video shows a typical job, typical

21 for a job at one of -- on one of BEMA's presses.

22 Q. Why did BEMA make the video?

23 A. To document what they do as far as

24 measuring the amount of ink and solvent that is

L.A. REPORTING, 312-419-9292

1 used on a typical job.

2 MS. HORN: Excuse me while I get my

3 Exhibit No. 2.

4 At this time, I'd like to show Mr.

5 Trzupek what is marked as Petitioner's No. 2.

6 Please let the record reflect that I've just

7 given this afternoon Ms. Sawyer and Mr.

8 Bloomberg a copy.

9 BY MS. HORN:

10 Q. Can you identify that exhibit?

11 A. This is the bag that was printed

12 during the time the video was shot at BEMA.

13 Q. Is it substantially similar to the

14 product produced on the video?

15 A. It is.

16 MS. HORN: At this time I'd like to

17 request that Petitioner's Exhibit Nos. 1 and 2

18 be entered into evidence.

19 HEARING OFFICER KNITTLE: Take them

20 one at a time.

21 Petitioner's 1, the video, Ms. Sawyer,

22 any objection to that?

23 MS. SAWYER: No objection.

24 HEARING OFFICER KNITTLE: That will be

L.A. REPORTING, 312-419-9292

1 admitted.

2 Petitioner's 2 is a bag that was

3 produced during the filming of the Petitioner's

4 Exhibit 1, any objection to that?

5 MS. SAWYER: No objection.

6 HEARING OFFICER KNITTLE: They will

7 both be admitted.

8 MS. HORN: At this time I request the

9 Hearing Officer's permission to have Mr. Trzupek

10 play the video and explain the printing

11 operation shown on the video.

12 HEARING OFFICER KNITTLE: You have

13 that permission as well. Ms. Sawyer, you don't

14 have any objection to this line of testimony, do

15 you?

16 MS. SAWYER: No.

17 HEARING OFFICER KNITTLE: Proceed,

18 sir.

19 THE WITNESS: There is a running line

20 of commentary recorded on the video but I'll

21 spare the assembly that commentary. It is there

22 for the Board.

23 Our purpose was to, again, document

24 what is done as far as keeping records of ink

L.A. REPORTING, 312-419-9292

1 and solvent usage on the press. We certainly

2 understand that it is a daily requirement and

3 how accurate those records can be I think is the

4 primary -- the primary record we're trying to

5 establish here.

6 This is the press itself. At this

7 point in the tape the various parties who were

8 present are identifying themselves and I will

9 fast forward through that.

10 HEARING OFFICER KNITTLE: Sir, just --

11 no, keep going. When you can, if you have

12 something you want to point out, identify the

13 hour on the videotape.

14 THE WITNESS: I will do that.

15 This is 9:03:55 on the videotape, and

16 we're now looking at inks being measured. This

17 is a pressman withdrawing ink from a virgin ink

18 drum, called white in this case, into the

19 typical 5 gallon pail that these printers use on

20 the presses.

21 We're now at the press where the

22 pressman is putting the pump into the tail and

23 he'll shortly be fixing a return line. The way

24 the process works is the ink, when it is finally

L.A. REPORTING, 312-419-9292

1 mixed and blended the right color, it is pumped

2 up into the pan at a particular color station

3 and then returned to 5 gallon bucket, constant

4 circulation, and with the constant circulation

5 of ink, you have constant evaporation of the

6 solvent in the ink.

7 In order to meet the print

8 characteristics that they need for any

9 particular job, in order to meet the colors that

10 we see here now at 9:06:50, there is constant

11 adjustment of solvent necessary. The basic

12 reason being that solvents evaporate more

13 quickly than the pigment. So to stay in the

14 correct viscosity to meet the color, to meet the

15 drying requirements, requires they're constantly

16 adding solvent to make up for the solvent that

17 is lost as the ink recirculates.

18 Again, you can see the surface area at

19 9:16 of printing ink established and the reason

20 the solvent is lost disproportionately to the

21 amount of pigment that is laid down. What this

22 means in terms of the rule is that at any given

23 time the amount of solvent added versus the

24 amount lost is not going to be an exact balance

L.A. REPORTING, 312-419-9292

1 and we only know with this certain amount of

2 precision the exact VOC content of the ink.

3 The control that the press uses in effect is to

4 time the viscosity of the ink.

5 As we describe in the video at 9:45,

6 the pressman will measure viscosity with what is

7 called a number 2 Zoncup, and, actually, let me

8 see if I can get you a better part that will

9 show it. Fast forwarding now.

10 We now have at 10:31 pressman again

11 making viscosity adjustment. What the pressman

12 does at this point is to draw a sample of the

13 ink in a cup of a predetermined size with a

14 predrilled hole in the bottom and time how long

15 that ink takes to drain out of the cup. That

16 time in seconds corresponds to viscosity, that

17 viscosity roughly corresponds to the VOC content

18 of the ink and establishes the target VOC

19 content of that ink for that job. It is the

20 best control, the best handle that we

21 effectively have on the VOC content of the ink

22 at any one point, as the withdrawals and

23 evaporations are constantly in flux.

24 Most of the remainder of the video

L.A. REPORTING, 312-419-9292

1 from here forward is showing the number of

2 solvent adjustments that are made, the number of

3 additions. As a rule of thumb, BEMA makes a

4 check viscosity and solvent addition

5 approximately once every 15 minutes. There are

6 also ink additions that are made. For this

7 particular job we counted about 100 or so

8 additions that would be made through the course

9 of the entire job, which presents a great

10 challenge for accurate measurement of the exact

11 amount of solvent added and reduced, the exact

12 VOC content at any one time.

13 I think that's all we have to look at

14 on the tape. Continuous record of more

15 additions and more checking but I don't think we

16 need to go any further than that, do we?

17 BY MS. HORN:

18 Q. Why don't you fast forward through it

19 just to be sure.

20 Would you perhaps want to go to the

21 last portion of them printing the Exhibit 2?

22 A. To show the ink room and the --

23 Q. The drying stations?

24 A. -- drying stations.

L.A. REPORTING, 312-419-9292

1 HEARING OFFICER KNITTLE: How long is

2 the video in total?

3 MS. HORN: Half an hour in total.

4 (Off the record.)

5 HEARING OFFICER KNITTLE: Back on the

6 record.

7 THE WITNESS: We're at 11:06 a.m.,

8 11:06:46 on the tape. Now 11:08 a.m. And we're

9 looking at the printing stations and the drying

10 stations, just illustrating how close in

11 proximity they are to each other.

12 At 11:08:26, we're looking at the

13 actual drying station for one of the stages.

14 This being a central impression press, the web

15 comes around with less than a second to pass

16 through what is usually very small drying

17 station.

18 There is the intake and exhaust that

19 is being pointed to at 11:08:53, that feeds the

20 hot air and then withdraws the solvent latent

21 air from the drying station.

22 We're at 1:10:05 and we're looking at

23 some of the virgin ink drums that were used to

24 formulate some of the inks used for the job.

L.A. REPORTING, 312-419-9292

1 Finally, we're at 1:15:20 p.m. and

2 we're looking at the ink room with a number of

3 the reworkings, as many as you can get in the

4 shop that are stored after being made up.

5 BY MS. HORN:

6 Q. Could you summarize the time from when

7 the job was started to when it was running?

8 A. If my memory serves, we started at a

9 little before 9:00 o'clock, and the job began

10 running somewhere around 1:00 o'clock. It's

11 probably a little longer for the setup time

12 probably because of our presence than normal but

13 it took awhile before they got the colors to

14 where they wanted them.

15 Q. You can sit back down.

16 Now that we've seen the exciting video

17 showing BEMA's printing operations and Mr.

18 Trzupek has explained how they operate and how

19 they print a typical job, Mr. Trzupek, in your

20 opinion are the factors relating to BEMA

21 substantially and significantly different than

22 those printing operations considered by the

23 Flexographic Printing Rule?

24 A. Yes, they are.

L.A. REPORTING, 312-419-9292

1 Q. In your opinion, do the existence of

2 these factors justify an adjusted standard?

3 A. In my opinion, yes, they do.

4 Q. In your opinion, will the requested

5 adjusted standard result in adverse environment

6 and health effects?

7 A. In my opinion, it will not.

8 Q. In your opinion is the proposed

9 adjusted standard consistent with federal laws,

10 specifically the Clean Air Act?

11 A. In my opinion, it is.

12 MS. SAWYER: Never mind.

13 BY MS. HORN:

14 Q. I just have one more question.

15 MS. SAWYER: Okay.

16 BY MS. HORN:

17 Q. Will the Board's granting of the

18 proposed adjusted standard be submitted to

19 United States EPA for review, do you know?

20 A. My understanding is that it will.

21 MS. HORN: Thank you. I have no

22 further questions.

23 HEARING OFFICER KNITTLE: Ms. Sawyer,

24 do you need a minute before cross-examination?

L.A. REPORTING, 312-419-9292

1 I know you had a -- sort of an

2 objection there that you didn't end up making

3 so.

4 MS. SAWYER: Yes.

5 HEARING OFFICER KNITTLE: If you want

6 to address that particular point in

7 cross-examination, you will be more than welcome

8 to do so.

9 MS. SAWYER: I may have a question

10 relevant to the partial or withdrawn objection

11 that I started to make, but I do have a couple

12 of questions that I wanted to ask.

13 CROSS-EXAMINATION

14 BY MS. SAWYER:

15 Q. During your testimony you stated that

16 BEMA primarily performs surface printing. Does

17 BEMA do other forms of printing such as reverse

18 image or lamination?

19 A. I can't speak with an expert's voice

20 whether they have ever done anything else other

21 than -- but surface. I do not know the answer

22 to that question.

23 Q. Would you have known if their printing

24 presses are capable of doing these other forms

L.A. REPORTING, 312-419-9292

1 of printing, lamination or reverse image?

2 A. I am not -- I don't know anything that

3 would preclude them from doing the reverse image

4 job or doing a job that would eventually be

5 laminated but, again, that is beyond my

6 expertise.

7 MS. HORN: Would you perhaps want to

8 call Mr. Galloway or Mr. Clemons for these

9 questions?

10 MS. SAWYER: Well, it might be helpful

11 to get clarification on that point in terms of

12 whether that is the only form of printing they

13 do, yes. After we're done with this, if we can

14 do that for a moment, that would be great.

15 HEARING OFFICER KNITTLE: Sure. We

16 can either have you recall them or you can call

17 them in your case in chief, however you two want

18 to work it out.

19 Let's finish this gentleman up first

20 and then we'll proceed.

21 BY MS. SAWYER:

22 Q. Okay. In the video there were a

23 number of different pails containing inks that

24 were used in the printing process. At the point

L.A. REPORTING, 312-419-9292

1 that the pails are connected to the press, can

2 these pails be covered?

3 A. Yes, and they are.

4 Q. And does that prevent some

5 evaporation?

6 A. It prevents some, but I'd say most of

7 your evaporation exists at the ink pan on the

8 roller, but, yes, it does.

9 Q. The pan -- the ink pan on the roller,

10 which I believe was a fairly open space that you

11 showed there, can that pan be covered to prevent

12 some evaporation of solvents?

13 A. It can and they are.

14 Q. They are covered?

15 A. Yes.

16 Q. The pans on the presses, the ink pans

17 that the pails feed into?

18 A. Yes, while we were there we saw them

19 actually installing the covers over them.

20 Q. Okay. I believe in your testimony you

21 stated that there is a correlation between the

22 viscosity test that the facility performs and

23 the amount of VOM in the ink at that time?

24 A. Right.

L.A. REPORTING, 312-419-9292

1 Q. So can this viscosity test be used to

2 determine the VOM content of the ink at any

3 given time?

4 A. I believe that that could serve as a

5 very useful surrogate.

6 Q. Just a couple more questions.

7 I actually don't know if they showed

8 this part of the video here today, but we've

9 reviewed it and throughout the process on

10 different -- throughout the process BEMA will

11 add solvent to the ink pails and it seems like

12 they always use the same container that they --

13 to add that solvent during that job?

14 A. Yes.

15 Q. Is that -- or is that container a

16 standard size that they use?

17 A. I can't speak to that for BEMA. I

18 think BEMA would be better to answer that.

19 Q. Okay. Do you know if it is possible

20 for BEMA to measure the amount of solvent that

21 is in the can at the beginning of the job and

22 the amount of solvent that is in the can at the

23 end of the job?

24 A. The qualification to that would be

L.A. REPORTING, 312-419-9292

1 that that can will be refilled several times,

2 but if -- so I guess if I take that to can they

3 know the amount of solvent used from that can in

4 a given day, is that a fair way to state it?

5 Q. Or for a given job I guess.

6 A. For a given job, yes, that -- the

7 total amount of solvent used that has been

8 added, I think that is something BEMA can know.

9 Q. Okay. This is somewhat related to the

10 earlier objection I had but, Mr. Trzupek, do you

11 have any legal background?

12 A. No.

13 MS. SAWYER: That's all we have.

14 HEARING OFFICER KNITTLE: Any

15 redirect, Ms. Horn?

16 MS. HORN: I just have one question

17 following up on Ms. Sawyer's question about

18 total solvent added.

19 REDIRECT EXAMINATION

20 BY MS. HORN:

21 Q. Is that -- is that accurate -- in your

22 opinion is that an accurate way to measure the

23 amount of solvent in the ink?

24 A. It would not tell you how much solvent

L.A. REPORTING, 312-419-9292

1 is actually contained in the ink as applied.

2 Q. Why not?

3 A. Because the evaporation rate -- the

4 reason you add solvent is to maintain a certain

5 VOM content. So you're adding solvent because

6 solvent you previously added has evaporated.

7 The VOM content is, therefore, a moving target,

8 and if you counted all of the solvent that you

9 added throughout the day against the total VOM

10 content in the ink, you would show a much higher

11 actual -- you'd show a much higher theoretical

12 VOM content than what the actual VOM content as

13 applied is.

14 MS. HORN: I have nothing further.

15 HEARING OFFICER KNITTLE: Ms. Sawyer,

16 any recross?

17 MS. SAWYER: Yes, if I can just have

18 one moment

19 RECROSS-EXAMINATION

20 BY MS. SAWYER:

21 Q. Mr. Trzupek, I believe you already

22 stated that the viscosity test could be used to

23 determine the VOM content of ink at the time the

24 test is taken, is that correct?

L.A. REPORTING, 312-419-9292

1 A. Yes.

2 Q. And does BEMA take a viscosity test

3 every time that they add solvent to the inks or

4 shortly thereafter?

5 A. It's actually the reverse, the

6 viscosity test is done and if it doesn't match

7 the viscosity that they're shooting for, then

8 they add solvent so then it will.

9 Q. And then afterward will they take

10 another viscosity test?

11 A. I can't speak to whether that is

12 always done or not, I believe it is, but I think

13 Mr. Galloway might be better --

14 Q. It's your understanding that in most

15 instances after they add solvent they would take

16 another viscosity test?

17 A. I believe that is right.

18 Q. And wouldn't it be true that after

19 they've added solvent, that would be the highest

20 VOC content for that ink, is that --

21 A. Yes, I would agree, and that -- within

22 the limits of the accuracy of that which I think

23 we understand that I think is a very useful

24 surrogate.

L.A. REPORTING, 312-419-9292

1 MS. SAWYER: Just take one more

2 moment.

3 BY MS. SAWYER:

4 Q. I just have a quick question about the

5 82 percent limitation on VOM content that you

6 are requesting as part of this adjusted

7 standard.

8 In terms of how you're going to

9 determine whether that 82 percent was met, were

10 you including all of the additions of solvent

11 that occur with a given ink in that average?

12 A. You mean not counting for -- just to

13 clarify your question, as if none of it

14 evaporated? So assuming that all additions

15 stayed in the ink?

16 Q. No, I don't think that's what I mean.

17 Maybe this will help out. How did you

18 reach that 82 percent monthly average?

19 A. We got that number by looking at their

20 actual usage of both inks and solvent and

21 picking what we thought would be a reasonable

22 high number based on that usage.

23 Q. So you took essentially an inventory

24 of product at the beginning of one month and

L.A. REPORTING, 312-419-9292

1 then an inventory at the end of that month and

2 determined what was used both in terms of inks

3 and solvents?

4 A. It was a longer period of time, it was

5 actually over a year, but, yes.

6 Q. So to some extent, you may have

7 included emissions that occurred outside of the

8 actual printing process?

9 A. Correct.

10 Q. Evaporation that occurred?

11 A. I wouldn't say outside of the actual

12 printing process but if you're saying emissions

13 that were not -- I mean, I see where you're

14 going. Emissions that were not contained within

15 the ink in a given moment, yes, I would say that

16 is accurate, they would average in there.

17 Q. So is this 82 percent number that is

18 in the -- that you're requesting as an adjusted

19 standard, is that an as applied number?

20 A. Yes.

21 Q. Although, as you calculated it for

22 purposes of this petition, you didn't really

23 calculate it as an as applied number?

24 A. We estimated what the as applied

L.A. REPORTING, 312-419-9292

1 number should be based on the broadest set of

2 records we could have. You're saying did we

3 look at as applied at the press? No, there is

4 no way we could do that for every ink we've ever

5 used.

6 Q. So is it possible that they would be

7 able to meet a lower monthly number if you

8 really looked at the as applied VOM content?

9 A. In the sense that this is an estimate,

10 anything is possible, but we believe this

11 estimate represents most realistically of what

12 is as applied.

13 MS. SAWYER: I have no further

14 questions.

15 HEARING OFFICER KNITTLE: Ms. Horn,

16 any re, redirect?

17 MS. HORN: No.

18 HEARING OFFICER KNITTLE: Thank you,

19 sir. You can step down.

20 Off the record.

21 (Off the record.)

22 HEARING OFFICER KNITTLE: Back on the

23 record. Ms. Horn, do you have any further

24 witnesses at this time?

L.A. REPORTING, 312-419-9292

1 MS. HORN: I do not.

2 HEARING OFFICER KNITTLE: Thank you.

3 Ms. Sawyer, we've talked off the

4 record that you have one witness you'd want to

5 call now.

6 MS. SAWYER: I would, yes. I would

7 like to recall Mr. Galloway.

8 HEARING OFFICER KNITTLE: Sir, if you

9 could step up and we're going to reswear you in.

10 (Witness sworn.)

11 GLEN GALLOWAY,

12 called as the witness herein, having been first

13 duly sworn, was examined and testified as

14 follows:

15 HEARING OFFICER KNITTLE: Ms. Sawyer,

16 your witness.

17 DIRECT EXAMINATION

18 BY MS. SAWYER:

19 Q. Good afternoon, Mr. Galloway, I just

20 have a couple of questions and I've already

21 asked them of Mr. Trzupek but since you're more

22 familiar with BEMA he suggested you would be the

23 better person.

24 Does BEMA print using a lamination

L.A. REPORTING, 312-419-9292

1 technique on any occasions?

2 A. We don't have the capability of

3 lamination.

4 We do have -- your second, next

5 question about reverse printing, we have the

6 capability of reverse printing.

7 Q. So your printing presses are not

8 capable of printing with lamination?

9 A. Correct.

10 Q. Do you actually do reverse image

11 printing?

12 A. In some cases.

13 Q. And how common is that, how frequent

14 is that?

15 A. It's not very frequent. The

16 difference between is where the customer would

17 want the print, either on the surface or

18 reversed, depending on where the -- what the

19 application is. For example, if they want it

20 surface printed, they don't want the print, the

21 ink to touch the product that is inside the

22 package. If they want it reverse printed, they

23 wouldn't want the print or ink to come in

24 contact with what is outside the package. So

L.A. REPORTING, 312-419-9292

1 basically the polyethylene is protecting the ink

2 itself at that point.

3 Q. Could you give me any estimate on the

4 percentage of your jobs that you use reverse

5 image printing?

6 A. Out of 100 jobs we probably might do

7 one job. Very, very rare, very rare.

8 Q. I also asked Mr. Trzupek about the

9 size of the containers that contain solvent that

10 is added during printing jobs. Are those

11 standard sized containers?

12 A. Yes, they are.

13 MS. SAWYER: Okay. That's all the

14 questions we have.

15 HEARING OFFICER KNITTLE: Ms. Horn, do

16 you have cross-examination?

17 MS. HORN: I have one very brief

18 question.

19 CROSS-EXAMINATION

20 BY MS. HORN:

21 Q. In the containers that were shown on

22 the video, is there a measurement on them?

23 A. Yes. So we can determine the volume

24 of VO -- volume of solvent we put in there, yes.

L.A. REPORTING, 312-419-9292

1 MS. HORN: No questions.

2 HEARING OFFICER KNITTLE: Any

3 follow-up?

4 MS. HORN: No.

5 HEARING OFFICER KNITTLE: You may step

6 down.

7 Ms. Sawyer, any other witnesses you

8 want to call at this point in time?

9 MS. SAWYER: No further witnesses.

10 HEARING OFFICER KNITTLE: You close

11 your case in chief then?

12 You closed yours?

13 MS. SAWYER: Yes.

14 HEARING OFFICER KNITTLE: Anything in

15 rebuttal?

16 MS. HORN: I have nothing.

17 HEARING OFFICER KNITTLE: We're not

18 going to have any rebuttal testimony.

19 Are there any interested persons who

20 have any testimony they wish to present at this

21 point in time? I see none raising their hand.

22 If in fact they were here, we'd allow them to

23 come here and provide testimony on what they

24 want to provide.

L.A. REPORTING, 312-419-9292

1 But since we don't see anybody, we're

2 going to move on to motions. Do we have any

3 motions at the hearing?

4 MS. HORN: No.

5 HEARING OFFICER KNITTLE: Ms. Sawyer?

6 No?

7 MS. SAWYER: No.

8 HEARING OFFICER KNITTLE: Which takes

9 us to closing statements. You both know that

10 you are not obligated to provide a closing

11 statement. You will have opportunity to provide

12 a closing brief as well. But if you want to

13 provide a closing statement, Ms. Horn, now is

14 your opportunity.

15 MS. HORN: I'd like a very brief one.

16 HEARING OFFICER KNITTLE: Please

17 proceed.

18 MS. HORN: BEMA requested that the

19 Board grant an adjusted standard as an

20 alternative to the RACT regulation, which is

21 known as the Flexograph Printing Rule.

22 To require BEMA to comply with the

23 requirements of 35 Illinois Administrative Code

24 Subpart H, Section 218.401, would result in

L.A. REPORTING, 312-419-9292

1 substantial economic hardship to BEMA with no

2 corresponding or adverse environment or health

3 effects.

4 It is technically infeasible for BEMA

5 to comply with the Flexograph Printing Rule

6 because, 1, water-based inks do not work for

7 their products, and 2, an oxidizer is the only

8 control device that would work, 3), presents an

9 unreasonable expense for design and

10 installation. The presses were not designed

11 with control in mind.

12 BEMA has met the four factors in

13 Section 28.1 of the act, and therefore, BEMA

14 respectfully requests that the Board grant BEMA

15 an adjusted standard from 35 Illinois

16 Administrative Code, Subpart H, Section 218.401

17 as that rule applies to the emissions of VOM

18 from the Flexographic Printing operations at

19 BEMA located in Elmhurst, in DuPage County,

20 Illinois.

21 HEARING OFFICER KNITTLE: Thank you,

22 Ms. Horn.

23 Ms. Sawyer, do you have any closing

24 statement at this time?

L.A. REPORTING, 312-419-9292

1 MS. SAWYER: I do have a couple of

2 statements.

3 As I believe the Petitioner has

4 stated, they intend to do daily record keeping

5 at their facility. And as I stated earlier,

6 that is one of the areas that we think the Board

7 should consider the adjusted standard.

8 We have had an opportunity to review

9 the video fully for BEMA and we think that there

10 are means that are feasible for this facility to

11 do daily record keeping. What we intend to do

12 is, you know, work with the facility to develop

13 a method that would be workable for them to do

14 daily record keeping.

15 Another thing that I'd like to add as

16 this facility -- if they are granted an adjusted

17 standard, as they begin the process of using

18 daily record keeping, to the extent that this

19 daily record keeping indicates that a lower

20 monthly average than the 82 percent VOM content

21 currently under consideration is feasible, we

22 would recommend that the facility come back in

23 to revise the adjusted standard as appropriate

24 if that were to incur.

L.A. REPORTING, 312-419-9292

1 And I think that is all I have to add.

2 HEARING OFFICER KNITTLE: Thank you.

3 Let's go off the record.

4 (Off the record.)

5 HEARING OFFICER KNITTLE: Back on the

6 record.

7 We've had an off the record discussion

8 about posthearing comments and briefs. Ms. Horn

9 and Ms. Sawyer both informed me they do not

10 intend to file posthearing briefs. Is that

11 correct, Ms. Horn?

12 MS. HORN: That's correct.

13 HEARING OFFICER KNITTLE: Ms. Sawyer?

14 MS. SAWYER: That's correct.

15 HEARING OFFICER KNITTLE: So based on

16 that representation I'm not going to set up a

17 posthearing briefing schedule.

18 Posthearing comments pursuant to

19 106.807 are allowed and both of you or any

20 interested party may file a posthearing comment

21 within 14 days after the close of the hearing,

22 which would take us to November 27th. So all

23 public comments will be due by November 27,

24 2000. If we receive any comments, and we've

L.A. REPORTING, 312-419-9292

1 also discussed this off the record, I'm going to

2 allow either party to contact me by November

3 27th to set up a limited briefing schedule to

4 address that comment if they so desire.

5 That's all I have.

6 I do have to make a credibility

7 determination based on my legal experience and

8 judgment. I find no credibility issues with any

9 of the witnesses here today and I note for the

10 last time there are no members of the public

11 wishing to provide comment. It's approximately

12 2:40 p.m. That's all I have. Thank you very

13 much.

14 I do want to note, and I almost

15 forgot, we've had two exhibits offered,

16 Petitioner's 1, which was a video and admitted,

17 Petitioner's 2, which was the bag that was

18 printed during the making of the video, which

19 was also admitted, I'm going take them both back

20 with me to the Board. If you need them in the

21 interim, please let me know. Thanks.

L.A. REPORTING, 312-419-9292

1 STATE OF ILLINOIS )

)SS:

2 COUNTY OF DU PAGE )

3 I, ROSEMARIE LA MANTIA, being first

4 duly sworn, on oath says that she is a court

5 reporter doing business in the City of Chicago;

6 that she reported in shorthand the proceedings

7 given at the taking of said hearing, and that

8 the foregoing is a true and correct transcript

9 of her shorthand notes so taken as aforesaid,

10 and contains all the proceedings given at said

11 hearing.

13 ------------------------------

14 ROSEMARIE LA MANTIA, CSR

License No. 84 - 2661

16 Subscribed and sworn to before me

this day of , 2000.

------------------------------------

18 Notary Public

L.A. REPORTING, 312-419-9292